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New York, NY Short-Term Rentals: Occupancy Limits (2026)

Heavy Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified June 2026

Key Facts

Guest Cap
Maximum 2 paying guests
Host Presence
Required (stays under 30 days)
Access Rule
Free, unobstructed access to all rooms/exits
State Basis
NYS Multiple Dwelling Law Sec. 4
30-Day Line
Under 30 days = transient use

Summary

NYC short-term rentals are limited to a maximum of two paying guests at a time, the permanent occupant (host) must be present and share the dwelling, and every guest must have free and unobstructed access to all rooms and each exit. These limits flow from the Multiple Dwelling Law's prohibition on transient (under-30-day) occupancy of class A units and from the OSE registration rules.

A "class B" multiple dwelling is a multiple dwelling which is occupied, as a rule transiently, as the more or less temporary abode of individuals or families who are lodged with or without meals. For the purposes of this article "permanent residence purposes" shall consist of occupancy of a dwelling unit by the same natural person or family for thirty consecutive days or more and a person or family so occupying a dwelling unit shall be referred to herein as the permanent occupants of such dwelling unit.

Source: New York City Administrative Code § 26-3102 Short-Term Rental Registration (occupancy requirements)View official code

Full Breakdown

New York State Multiple Dwelling Law Sec. 4 defines a class A multiple dwelling as one occupied for permanent residence purposes, where permanent residence means occupancy by the same person or family for 30 consecutive days or more. Renting a class A apartment for fewer than 30 days converts it to transient (class B) use, which is generally prohibited. The narrow exception, codified in the OSE registration rules, allows a permanent occupant to host up to two paying guests for fewer than 30 days only while the host is also occupying the unit.

Under the OSE rules, the permanent occupant must be present and share the dwelling as a common household, no more than two lawful boarders, roomers, or lodgers may be present, and each guest must have free and unobstructed access to every room and to each exit within the apartment; interior doors may not be configured with key locks that let a guest lock household areas. Children under a certain age are not separately counted, but the two-guest cap applies to paying guests.

Violations & Fines

Hosting more than two paying guests, renting while the host is absent, or restricting guest access to rooms or exits voids eligibility for short-term rental and converts the use to an illegal transient occupancy under MDL Sec. 4 and NYC Admin Code Sec. 28-210.3, subject to OSE civil penalties and Department of Buildings violations.

Frequently Asked Questions

How many guests can I have in a New York City short-term rental?
No more than two paying guests at a time, and only while you (the permanent occupant) are also living in the unit and sharing it as a common household.
Why does the host have to be present?
Because a class A apartment may only be occupied for permanent residence (30+ days) under NYS Multiple Dwelling Law Sec. 4. The only lawful short-term rental is a registered host who stays in the home with no more than two guests.
Can I lock guests out of part of my apartment?
No. Under the OSE rules, guests must have free and unobstructed access to every room and each exit; interior doors cannot have key locks that let a guest lock off household areas.

Sources & Official References

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